Vol. 73, No. 2, February 2000

Public Service

Wisconsin's Judicial Emissaries:
Reshaping Justice Systems Worldwide

Many countries are seeking insight and instruction as they reshape their justice systems. Some are turning to Wisconsin judges for help. Wisconsin judges have taught in China, Russia, Lithuania, Ukraine, Hungary, the Czech Republic, Ireland, Uruguay, and other countries. Here are a few of their stories.

By Dianne Molvig

A Wisconsin judge's sphere of influence stretches to the edges of his or her jurisdiction, whether it be the city limits, the county line, or the state border. Or so we typically believe. Some of our state's judges, however, are having an impact much farther afield.

Today many countries around the world stand at a critical crossroads as they reshape their justice systems - in some cases while simultaneously tackling enormous economic and political reforms. Their successes or failures can have international repercussions. Wisconsin judges have traveled to some of these countries to help them through the process of redesigning their justice systems - although few people back home probably know about it.

Lest anyone argue that this is an extravagance - that these judges should be back in their courthouses, sitting on the bench - bear in mind that they have made these trips on their own vacation or judicial education time. And, with funding from private foundations and fellowships, or even out of the judges' own pockets, these trips haven't cost taxpayers a dime. Yet, their overseas teaching tours provided the richest experiences of their careers, these jurists say, and made them better judges besides.

Teaching the Elders

Flying over Alaska, gazing at mountains as far as the eye could see, stirred a pensive mood for Jean DiMotto, as she and her husband, fellow Milwaukee County Circuit Court Judge John DiMotto, traveled to Beijing, China. "I was thinking," she recalls, "how ironic it was that this upstart young country, America, was sending people to this ancient land to tell them what to do."

"I was thinking how ironic it was that this upstart young country, America, was sending people to this ancient land to tell them what to do." Jean DiMotto, Milwaukee County circuit court judge, traveling to Beijing, China

Later, in her lead-off presentation, DiMotto told her Chinese audience that she came in a spirit of sharing, coming from a younger country to teach the elders - much like her daughter offered learning opportunities for her and her husband. With sponsorship from the Ford Foundation, the DiMottos and a German judge led a week-long conference in May 1998, during which they described their respective systems - pieces of which the Chinese ultimately may adapt to their own. Conference attendees included 75 Chinese judges and law professors, some of whom had traveled three days by train to Beijing.

The focus of the DiMottos' presentations was criminal law, with an emphasis on the concept of judicial independence. "We had a passionate discussion," DiMotto says, "about how much they envied the fact that we have independence." Under the current system, Chinese judges often are subject to pressures from other government officials on how they decide their cases.

As government officials themselves, Chinese judges wear military uniforms on the bench. Displaying judicial robes she'd brought along, DiMotto explained to her audience that American judges wear robes as a symbol of their impartiality. Chinese participants who played the part of judges during mock trials got to wear the robes, and everyone was promised the chance to don one for photo shoots during breaks. "Everybody lined up," DiMotto says. "It was a hit."

Several months before the DiMottos' trip, Kenosha County Circuit Court Judge Barbara Kluka also journeyed to China, with stops in Shanghai and Xian. She and a German judge taught another group of 75 judges and law professors in each city, focusing on criminal trial procedure. "They were very interested in hearing about not only our procedures, but also how we avoid ex parte communications," Kluka says.

"They were very interested in hearing about not only our procedures, but also how we avoid ex parte communications." Barbara Kluka, Kenosha County circuit court judge, traveling to Shanghai and Xian, China

The Chinese judges have no such safeguards in their system. "Anyone can talk to them at any time about a case," Kluka explains. "They'll walk into their office or courtroom and the waiting area will be filled with friends of the litigants who besiege them with information and pleadings." Add to that the lack of judicial independence from other parts of government, and Chinese judges end up bombarded from all sides by people who want to influence judicial decisions - a situation they hope to remedy with system reforms.

Still, despite reports of corruption, Kluka says Chinese judges have much the same goals as their American counterparts. "By and large they struck me as being committed to doing justice," she says, "and to improving their system. It was a tremendous opportunity to meet people in the same profession who aren't in the same place we are, but apparently are interested in getting there."

Active Learning

Preceding the DiMottos and Kluka to China were Dodge County Circuit Court Judge John Storck and Chief Justice Shirley Abrahamson, who originally received the Ford Foundation's invitation to go to China to teach. Abrahamson's response was that she wanted some of Wisconsin's "excellent trial judges who are excellent teachers" to participate as well, while she would talk about the appellate process. It was on Abrahamson's bidding that Storck, Kluka, and the DiMottos became involved.

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